대여금
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After filing an appeal.
1. Basic facts
A. On April 16, 199, the Plaintiff, together with C, established the Defendant for the purpose of soil construction business, etc. by investing with his wife South Korea.
After the establishment of the defendant, the plaintiff is in office as a director, and D, the plaintiff's grandchildren, is in office as the representative director of the defendant from January 25, 2002.
B. The Plaintiff’s wife E holds 20,000 shares out of the total number of 60,000 shares of the Defendant, and D owns 40,00 shares.
C. Meanwhile, on July 21, 2004, the Plaintiff was appointed as the representative director of G of a limited-liability company (hereinafter “G”). D also serves as a director of G from July 21, 2004.
The Plaintiff and D jointly manage the passbook and funds of the Defendant and G from June 30, 2009 to June 30, 2009, and from July 1, 2009 to August 10, 2012, the Plaintiff handled the accounts of each two companies by entrusting them with the accounts of each of the two companies, and thereafter the Plaintiff handles only the affairs of G.
The two companies have prepared and managed accounting books, such as the payment of money and the purchase and sale account books, until before the dispute arises between the plaintiff and D.
E. The Plaintiff deposited the money in the deposit account in the name of the Defendant (F) as follows.
Deposit amount (unit: 1,00,000,000 on February 11, 2011; 5,000,000,000 on February 18, 2011; 7,000,000,000 on March 4, 2011; 10,000,000 on March 18, 201; 10,000,000 on March 31, 201; 4,50,000 on April 10, 201; 10,000 on April 10, 200; 138,350 on the aggregate of 50,000,000 on May 17, 2011; 350,000 [Recognizing the grounds ] No dispute; 1 through 5,000,000 on March 4, 2011; 1 or 4,01
2. The parties' assertion
A. The Plaintiff’s primary cause of claim is from February 11, 2011 to the same year.
5. Until July, 17, a sum of KRW 138,350,00 as stated in the above basic facts was lent to the Defendant for the Defendant’s salary for the Defendant’s employees or the construction cost necessary for the Defendant’s progress of construction. Thus, the Defendant loaned 138,350 to the Plaintiff.